Island Two LLC, v. Island One,Inc.; et al
| Scott Sozio and Island Two LLC, |
| Douglas Teitelbaum and Homewood Capital LLC; |
| Island One,Inc.; |
| Todd Fasanella |
| 1:2013cv02121 |
| April 1, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Defendant |
Docket Report
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This docket was last retrieved on June 24, 2015. A more recent docket listing may be available from PACER.
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Filing 195
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Daniel C. Malone dated 6/24/15 re: Counsel request that the Court order that the 30-Day Order be modified to provide that an application to restore this action to the calendar must be made on or before July 6, 2015. ENDORSEMENT: Application GRANTED. Pursuant to Individual Rule I.B, letters shall be filed via ECF and should not be sent to Chambers. (Signed by Judge Lorna G. Schofield on 6/24/2015) (mro)
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Filing 194
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Daniel C. Malone dated 6/23/15 re: Counsel requests that the Court order that the 30-day Order be modified to provide an application to restore the Federal Case to the calendar must be made on or before July 6, 2015. ENDORSEMENT: Pursuant to Individual Rule I.B, letters to the Court shall be filed via ECF. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/24/2015) (mro)
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| Set/Reset Deadlines: Motions due by 7/6/2015. (mro) |
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Filing 193
ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days. Any pending motions are DISMISSED as moot, and the trial scheduled to start on June 1, 2015, and all conferences are CANCELED. (Signed by Judge Lorna G. Schofield on 5/27/2015) (kgo)
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| Terminate Transcript Deadlines (kgo) |
| Filing 192 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated May 26, 2015 re: Business Record Exception. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 191 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/11/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 190 TRANSCRIPT of Proceedings re: conference held on 5/11/2015 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015.(McGuirk, Kelly) |
| Filing 189 MEMO ENDORSEMENT on re: #186 Letter filed by Island Two LLC,, Scott Sozio. ENDORSEMENT: Application GRANTED. However, the responsive letter shall be filed by noon on May 28. Plaintiffs shall submit two copies of the binder. (Signed by Judge Lorna G. Schofield on 5/26/2015) (kgo) |
| Filing 188 MEMO ENDORSEMENT on re: #187 Letter filed by Island Two LLC. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 5/26/2015) (kgo) |
| Filing 187 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated May 22, 2015 re: Proposed Additional Voir Dire. Document filed by Island Two LLC,.(McNeely, Kaleb) |
| Filing 186 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated May 22, 2015 re: objections that have been raised to certain trial exhibits. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
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Filing 185
ORDER granting #184 Motion for Bentley P. Stansbury to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 184 AMENDED MOTION for Bentley P. Stansbury III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Fasanella. (Attachments: #1 Supplement Corrected Declaration of Bentley P. Stansbury III in Support of Motion to Admit Pro Hac Vice)(Stansbury, Bentley) |
| Filing 183 LETTER addressed to Judge Lorna G. Schofield from Eric R. Stern dated May 19, 2015 re: Advocate-Witness Rule. Document filed by Douglas Teitelbaum.(Stern, Eric) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #184 AMENDED MOTION for Bentley P. Stansbury III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| Filing 182 NOTICE of Filing Joint Proposed Limiting Instruction on EMail Evidence. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #181 MOTION for Bentley P. Stansbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10924033. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Missing Certificate of Good Standing from the Supreme Court of California with the Clerk of Courts Signature. Not from the State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (sdi) |
| Filing 181 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bentley P. Stansbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10924033. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Todd Fasanella. (Attachments: #1 Supplement Declaration of Bentley P. Stansbury)(Stansbury, Bentley) Modified on 5/15/2015 (sdi). |
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Filing 180
ORDER granting in part and denying in part #148 Motion in Limine. It is hereby ORDERED that Plaintiffs' motion is GRANTED in part and DENIED in part: Mr. Ward may not testify about a sellers consideration of the uncertainty of potential acquisition financing. This testimony is excluded based on Federal Rule of Evidence 401 because the relevant issue is what Island One and its directors considered important -- not what seller generally consider important. This testimony is also excluded based on Federal Rule of Evidence 403 because it is more confusing than probative. Mr. Ward may testify about the customary allocation of fees associated with an acquisition transaction of the type at issue in this matter provided that, during his trial testimony and before he states his opinion, he explains how his experience leads to the conclusion reached, why his experience is a sufficient basis for the opinion, and how his experience is reliably applied to the facts. The Clerk of Court is respectfully directed to close Dkt. No. 148. (Signed by Judge Lorna G. Schofield on 5/12/2015) (kgo)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Final Pretrial Conference held on 5/11/2015. (Court Reporter Tara Jones) (jcs) |
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Filing 179
ORDER denying #141 Motion in Limine; granting in part and denying in part #145 Motion in Limine; denying #165 Motion in Limine. ORDERED that Defendant Douglas Teitelbaum's counsel, Jonathan Sack, shall file a letter by May 18, 2015, stating his ethical obligations given his status as a potential witness and how he intends to comply with those obligations. ORDERED that Defendant Island One, Inc.'s motion in limine for an adverse inference based on Counterclaim-Defendant Scott Sozio's allegedly intentional destruction of emailevidence is DENIED without prejudice to renewal. ORDERED that Island One's motion in limine to exclude an email string is DENIED. The email string in question will be admitted only to show the state of mind of Mr. Teitelbaum and of representatives of Island One and will be accompanied by a limiting instruction. The parties shall jointly file a proposed limiting instruction by May 18, 2015. ORDERED that Island Ones motion in limine to exclude Kurt Cellar is GRANTED in part. Mr. Cellar may not be called as a witness in Plaintiff Island Two, LLC's main case. Subject to the Court's permission, Mr. Cellar may be called on rebuttal if his testimony is necessary. ORDERED that Island Two's motion in limine to exclude certain audio recordings under Connecticut law is DENIED. The Clerk of Court is respectfully directed to close Dkt. Nos. 141, 145, and 165. (Signed by Judge Lorna G. Schofield on 5/11/2015) (ama)
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| Filing 178 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated May 4, 2015 re: response to Island One's April 29, 2015 Letter Motion for Conference. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 177 DECLARATION of Douglas Teitelbaum in Opposition re: #165 MOTION in Limine to Exclude Illegal Audio Recordings.. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 176 MEMORANDUM OF LAW in Opposition re: #165 MOTION in Limine to Exclude Illegal Audio Recordings. . Document filed by Island One,Inc.;. (Pergament, Benjamin) |
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Filing 175
ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for May 11, 2015 at 11:00 a.m., shall be adjourned to May 11, 2015 at 11:30 a.m., due to a conflict in the Court's schedule. Final Pretrial Conference set for 5/11/2015 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/1/2015) (kgo)
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Filing 174
ORDER granting in part and denying in part #173 Letter Motion for Conference: Any response to Defendant's letter shall be filed by May 5, 2015, in the form of a letter brief not to exceed three pages. This issue will be discussed at the final pretrial conference on May 11, 2015. SO ORDERED. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 173 LETTER MOTION for Conference Seeking to File Motion Barring Plaintiffs' Use of Testimony from Mr. Kurt Cellar addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated April 29, 2015. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
| Filing 172 NOTICE OF APPEARANCE by Jonathan Scott Sack on behalf of Douglas Teitelbaum. (Sack, Jonathan) |
| Filing 171 JOINT FINAL TRIAL REPORT. Document filed by Island Two LLC,. (Attachments: #1 Exhibit Exhibit A - Plaintiffs' Trial Exhibit List, #2 Exhibit Exhibit B - Defendants' Trial Exhibit List)(Ewing, Bruce) |
| Filing 170 PRETRIAL MEMORANDUM. Document filed by Douglas Teitelbaum.(Stern, Eric) |
| Filing 169 RESPONSE re: #159 Pretrial Memorandum . Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 168 DECLARATION of Bruce R. Ewing in Support re: #165 MOTION in Limine to Exclude Illegal Audio Recordings.. Document filed by Island Two LLC,, Scott Sozio. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Ewing, Bruce) |
| Filing 167 DECLARATION of Scott Sozio in Support re: #165 MOTION in Limine to Exclude Illegal Audio Recordings.. Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 166 MEMORANDUM OF LAW in Support re: #165 MOTION in Limine to Exclude Illegal Audio Recordings. . Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 165 MOTION in Limine to Exclude Illegal Audio Recordings. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 164 MEMO ENDORSEMENT on re: #163 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 04/22/2015 re: Briefing Schedule for Motions in Limine. Document filed by Island Two LLC. ENDORSEMENT: APPLICATION GRANTED IN PART. Plaintiffs' motion in limine is due by April 24, 2015. Any response is due by May 1, 2015. Courtesy copies shall be delivered to Chambers by May 4, 2015. (Motions due by 4/24/2015. Responses due by 5/1/2015) (Signed by Judge Lorna G. Schofield on 4/23/2015) (rjm) |
| Filing 163 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 04/22/2015 re: Briefing Schedule for Motions in Limine. Document filed by Island Two LLC,.(McNeely, Kaleb) |
| Filing 162 DECLARATION of Scott Sozio in Opposition re: #141 MOTION in Limine for an Adverse Inference Due to Scott Sozio's Intentional Destruction of Documentary Evidence.. Document filed by Island Two LLC,, Scott Sozio. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ewing, Bruce) |
| Filing 161 DECLARATION of Bruce R. Ewing in Opposition re: #141 MOTION in Limine for an Adverse Inference Due to Scott Sozio's Intentional Destruction of Documentary Evidence.. Document filed by Island Two LLC,, Scott Sozio. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ewing, Bruce) |
| Filing 160 MEMORANDUM OF LAW in Opposition re: #141 MOTION in Limine for an Adverse Inference Due to Scott Sozio's Intentional Destruction of Documentary Evidence. . Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 159 PRETRIAL MEMORANDUM. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 158 PROPOSED VOIR DIRE QUESTIONS. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 157 PROPOSED JURY INSTRUCTIONS. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 156 PROPOSED JURY INSTRUCTIONS. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 155 DECLARATION of Bruce R. Ewing in Opposition re: #145 MOTION in Limine to Exclude Email Evidence.. Document filed by Island Two LLC,, Scott Sozio. (Attachments: #1 Exhibit 1)(Ewing, Bruce) |
| Filing 154 MEMORANDUM OF LAW in Opposition re: #145 MOTION in Limine to Exclude Email Evidence. . Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 153 MEMORANDUM OF LAW in Opposition re: #148 MOTION in Limine to Exclude Expert Testimony of William D. Ward. . Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 152 DECLARATION of Benjamin D. Pergament to Transmit Exhibit G to Prior Declaration (Previously Requested to be Filed Under Seal) in Support re: #141 MOTION in Limine for an Adverse Inference Due to Scott Sozio's Intentional Destruction of Documentary Evidence.. Document filed by Island One,Inc.;. (Attachments: #1 Exhibit G-EMail Between Joe Sozio and Scott Sozio)(Pergament, Benjamin) |
| Filing 151 LETTER addressed to Judge Lorna G. Schofield from Daniel C. Malone dated 04/13/2015 re: defendants' de-designation request. Document filed by Scott Sozio.(Malone, Daniel) |
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Filing 150
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated 4/10/2015 re: We write to request permission to file this exhibit under seal. ENDORSEMENT: Counsel for Plaintiff/Counterclaim Defendant Scott Sozio and third-party Joseph Sozio shall file a response regarding their position on whether the above-referenced exhibit warrants continued confidential treatment by April 16, 2015. SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/13/2015) (kgo)
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| Filing 149 MEMORANDUM OF LAW in Support re: #148 MOTION in Limine to Exclude Expert Testimony of William D. Ward. . Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 148 MOTION in Limine to Exclude Expert Testimony of William D. Ward. Document filed by Island Two LLC,, Scott Sozio. (Attachments: #1 Appendix A)(Ewing, Bruce) |
| Filing 147 DECLARATION of Matthew J. Moody in Support re: #145 MOTION in Limine to Exclude Email Evidence.. Document filed by Island One,Inc.;. (Attachments: #1 Exhibit A-E-Mail Dated January 28, 2013)(Pergament, Benjamin) |
| Filing 146 MEMORANDUM OF LAW in Support re: #145 MOTION in Limine to Exclude Email Evidence. . Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 145 MOTION in Limine to Exclude Email Evidence. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
| Filing 144 CERTIFICATE OF SERVICE of Unsealed Version of Exhibit G to Declaration of Benjamin D. Pergament on April 10, 2015. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 143 DECLARATION of Benjamin D. Pergament in Support re: #141 MOTION in Limine for an Adverse Inference Due to Scott Sozio's Intentional Destruction of Documentary Evidence.. Document filed by Island One,Inc.;. (Attachments: #1 Exhibit A-E-Mail Dated December 27, 2012, #2 Exhibit B-E-Mail Dated February 4, 2013, #3 Exhibit C-E-Mail Dated February 5, 2013, #4 Exhibit D-Van Dyke Holdings LLC Stratigic Plan Presentation, #5 Exhibit E-E-Mail Correspondence Between Scott Sozio and Steve Van Dyke, #6 Exhibit F-E-Mail Dated October 30, 2012, #7 Exhibit G-Permission to File Under Seal Being Sought, #8 Exhibit H-Excerpt of Scott Sozio Deposition, #9 Exhibit I-Excerpt of Scott Sozio Deposition)(Pergament, Benjamin) |
| Filing 142 MEMORANDUM OF LAW in Support re: #141 MOTION in Limine for an Adverse Inference Due to Scott Sozio's Intentional Destruction of Documentary Evidence. . Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 141 MOTION in Limine for an Adverse Inference Due to Scott Sozio's Intentional Destruction of Documentary Evidence. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
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Filing 140
ORDER granting #139 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. The memoranda in support of and in opposition to Island One's spoilation motion shall not exceed 10 pages. No reply is permitted. (Signed by Judge Lorna G. Schofield on 4/2/2015) (kgo)
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| Filing 139 LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated April 1, 2015. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
| Filing 138 JOINT LETTER addressed to Judge Denise L. Cote from Bruce R. Ewing dated March 31, 2015 re: parties do not request at this time a referral to a Magistrate Judge or court-appointed mediator for a settlement conference. Document filed by Island Two LLC,.(Ewing, Bruce) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 3/24/2015. (jcs) |
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Filing 137
SCHEDULING ORDER: It is hereby ORDERED that, in accordance with Rule IV.B of the Court's Individual Rules: Any motions in limine shall be filed by April 10, 2015; Any responses to motions in limine shall be filed by April 20, 2015; Any final pretrial memoranda of law, addressing only legal issues that were not addressed in the motions for summary judgment, shall be filed by April 20, 2015; The parties' joint proposed voir dire, proposed requests to charge, and proposed verdict sheet shall be filed by April 20, 2015. Final Pretrial Conference set for 5/11/2015 at 11:00 AM before Judge Lorna G. Schofield. Pretrial Order due by 4/27/2015. Jury Trial set for 6/1/2015 at 10:00 AM before Judge Lorna G. Schofield. It is further ORDERED that the parties shall jointly submit a letter by March 31, 2015, advising the Court whether or not they request a referral to a Magistrate Judge or court-appointed mediator for a settlement conference. (Signed by Judge Lorna G. Schofield on 3/24/2015) (kko)
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| Filing 136 NOTICE OF APPEARANCE by Kaleb McNeely on behalf of Island Two LLC,, Scott Sozio. (McNeely, Kaleb) |
| Filing 135 NOTICE OF APPEARANCE by John Siegal on behalf of Island One,Inc.;. (Siegal, John) |
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Filing 134
ORDER: It is hereby ORDERED that the parties shall appear for a conference on March 24, 2015, at 10:30 AM to schedule a firm date for for trial and pretrial submissions. SO ORDERED. Status Conference set for 3/24/2015 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/12/2015) (kgo)
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Filing 133
OPINION AND ORDER re: #96 MOTION for Summary Judgment. filed by Island One,Inc.;, #110 CROSS MOTION for Partial Summary Judgment. filed by Island Two LLC,, Scott Sozio. For the foregoing reasons herein, Island One's motion for summary judgment is GRANTED IN PART AND DENIED IN PART and Plaintiffs' cross-motion for summary judgment is DENIED. The Clerk of Court is directed to close the motions at Docket Nos. 96 and 110. (Signed by Judge Lorna G. Schofield on 3/9/2015) (kgo)
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Filing 132
AMENDMENT TO PROTECTIVE ORDER: IT IS HEREBY ORDERED that the Protective Order is amended as follows: 1. Paragraphs 5(h) and 5(i) of the Protective Order are replaced with: h. the Court and its support personnel; i. any other person whom the producing person, or other person designating the Discovery Material Confidential pursuant to paragraph 8 below, agrees in writing may have access to such Discovery Material; and and as set forth herein. SO STIPULATED AND AGREED. (Signed by Judge Lorna G. Schofield on 9/29/2014) (ama)
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| Filing 131 SEALED DOCUMENT placed in vault.(rz) |
| Filing 130 REPLY MEMORANDUM OF LAW in Support re: #110 CROSS MOTION for Partial Summary Judgment. . Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 129 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 5/9/2014 re: We write on behalf of Plaintiffs Island Two LLC and Scott Sozio to request that portions of three pages contained in Plaintiffs' Reply Memorandum of Law in Support of Cross-Motion for Summary Judgment be filed under seal. ENDORSEMENT: APPLICATION GRANTED. Plaintiffs may file via ECF the proposed redacted reply memorandum. Plaintiffs shall file unredacted copies of the reply memorandum under seal and e-mail courtesy copies to the Court, in accordance with the Court's Individual Rule I.C.3. (Signed by Judge Lorna G. Schofield on 5/12/2014) (kgo) |
| Filing 128 DECLARATION of Bruce R. Ewing in Support re: #110 CROSS MOTION for Partial Summary Judgment.. Document filed by Island Two LLC,, Scott Sozio. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Ewing, Bruce) |
| Filing 127 SEALED DOCUMENT placed in vault.(rz) |
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Filing 126
ORDER granting #117 Letter Motion for Leave to File Excess Pages: Application GRANTED. Plaintiffs are hereby given leave to file five (5) additional exhibits, each exhibit not to exceed fifteen (15) pages, in support of their reply on the motion for summary judgment. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 125 DECLARATION of Alex Zyngier (in Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment) in Support re: #96 MOTION for Summary Judgment.. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 124 REPLY AFFIDAVIT of Douglas Teitelbaum (in Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment) in Support re: #96 MOTION for Summary Judgment.. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 123 REPLY AFFIDAVIT of Benjamin D. Pergament in Further in Support re: #96 MOTION for Summary Judgment.. Document filed by Island One,Inc.;. (Attachments: #1 Exhibit A - Email from Scott Sozio to Douglas Teitelbaum dated May 14, 2012, #2 Exhibit B - Emails from Todd Fasanella to Sterling Stoudenmire dated May 30, 2012, #3 Exhibit C - Emails from Scott Sozio to Douglas Teitelbaum and Josh Revitz dated July 12, 2012, #4 Exhibit D - Excerpt of Island One Amended and Restated Bylaws, dated May 27, 2011, #5 Exhibit E - Excerpt of Joshua Revitz Deposition, #6 Exhibit F - Excerpt of Douglas Teitelbaum Deposition, #7 Exhibit G - Excerpt of Douglas Teitelbaum Deposition, #8 Exhibit H - Excerpt of Sterling Stoudenmire Deposition, #9 Exhibit I - Excerpt of Jeffrey Deutschman Deposition, #10 Exhibit J - Excerpt of Scott Sozio Deposition)(Pergament, Benjamin) |
| Filing 122 COUNTER STATEMENT TO Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 121 REPLY MEMORANDUM OF LAW in Support re: #96 MOTION for Summary Judgment. and in Opposition to Plaintiff's Cross-Motion for Summary Judgment. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 120 SEALED DOCUMENT placed in vault.(rz) |
| Filing 118 LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated May 7, 2014 re: Request for Oral Argument on the Parties Cross-Motions for Partial Summary Judgment. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
| Filing 117 LETTER MOTION for Leave to File Excess Pages Request to file Additional Exhibits in Support of Plaintiffs' Reply Submission addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated May 7, 2014. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 119 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated 5/2/2014 re: Counsel requests permission to file its Reply Memorandum of Law, its Response to Plaintiffs' Rule 56.1 Statement, and the Declaration of Douglas Teitelbaum, with redactions under seal. ENDORSEMENT: Application GRANTED. Defendant-Counterclaimant Island One, Inc. ("Island One") may file via ECF the proposed redacted papers in support of its reply on summary judgment and in opposition to Plaintiffs' cross-motion for summary judgment. Island One shall file unredacted copies of the same documents under seal and e-mail courtesy copies to the Court, in accordance with the Court's Individual Rule I.C.3. (Signed by Judge Lorna G. Schofield on 5/6/2014) (ft) |
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Filing 116
ORDER granting #115 Letter Motion for Leave to File Excess Pages: APPLICATION GRANTED. Defendant-Counterclaimant Island One, Inc. is hereby granted leave to file an additional nine (9) exhibits, each exhibit not to exceed fifteen (15) pages, in support of its reply on the motion for summary judgment and opposition to the cross-motion for summary judgment. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 115 LETTER MOTION for Leave to File Excess Pages Request to File Additional Exhibits in Support of Island One's Reply and Opposition addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated April 28, 2014. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
| Filing 114 SEALED DOCUMENT placed in vault.(nm) |
| Filing 113 DECLARATION of Scott Sozio in Support re: #110 CROSS MOTION for Partial Summary Judgment.. Document filed by Island Two LLC,, Scott Sozio. (Attachments: #1 Exhibit 1)(Ewing, Bruce) |
| Filing 112 DECLARATION of Bruce R. Ewing in Support re: #110 CROSS MOTION for Partial Summary Judgment.. Document filed by Island Two LLC,, Scott Sozio. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Ewing, Bruce) |
| Filing 111 MEMORANDUM OF LAW in Support re: #110 CROSS MOTION for Partial Summary Judgment. and in Opposition to Motion for Summary Judgment. Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 110 CROSS MOTION for Partial Summary Judgment. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 109 RULE 56.1 STATEMENT. Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 108 RESPONSE re: #100 Rule 56.1 Statement Plaintiffs' Response to Local Civil Rule 56.1 Statement of Defendant Island One, Inc.. Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 107 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 4/10/2014 re: Plaintiffs request leave to file their Memorandum of Law, Declaration, Rule 56.1 Statement and Opposition. ENDORSEMENT: Application granted. Plaintiffs may file via ECF the papers for their opposition and cross-motion with the proposed redactions. Plaintiffs shall file unredacted copies of the same documents under seal and e-mail courtesy copies to the Court, in accordance with the Court's Individual Rule I.C.3. (Signed by Judge Lorna G. Schofield on 4/14/2014) (ft) |
| Mediator Session Held on 04/07/2014 at Mediator's Office.(ms) |
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Filing 105
ORDER granting #104 Letter Motion for Leave to File Excess Pages: APPLICATION GRANTED. Plaintiffs are hereby granted leave to file an additional four (4) exhibits, each not to exceed fifteen (15) pages, in support of their opposition to the motion for summary judgment and cross-motion for partial summary judgment. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 104 LETTER MOTION for Leave to File Excess Pages Four Additional Exhibits in Support of Plaintiffs' Opposition and Cross-Motion addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated April 3, 2014. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 103 SEALED DOCUMENT placed in vault.(mps) |
| Filing 102 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated 3/21/2014 re: Counsel requests permission to file their supporting Memorandum of Law and Rule 56.1 Statement with redactions and under seal. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 3/24/2014) (ft) |
| Filing 101 AFFIDAVIT of Service re: #100 Rule 56.1 Statement, #97 Memorandum of Law in Support of Motion, #96 MOTION for Summary Judgment., #98 Declaration in Support of Motion,, #99 Affidavit in Support of Motion. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 100 RULE 56.1 STATEMENT. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 99 AFFIDAVIT of Joshua Revitz in Support re: #96 MOTION for Summary Judgment.. Document filed by Island One,Inc.;. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pergament, Benjamin) |
| Filing 98 DECLARATION of Benjamin D. Pergament in Support re: #96 MOTION for Summary Judgment.. Document filed by Island One,Inc.;. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Pergament, Benjamin) |
| Filing 97 MEMORANDUM OF LAW in Support re: #96 MOTION for Summary Judgment. Redacted Version. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 96 MOTION for Summary Judgment. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
| Filing 95 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated 3/19/2014 re: Counsel requests permission to file the Van Dyke Deck and the Sozio Deposition Excerpt under seal. ENDORSEMENT: APPLICATION GRANTED. Defendant Island One, Inc. is directed to proceed as set forth in the Court's Individual Rule I(C)(3). (Signed by Judge Lorna G. Schofield on 3/20/2014) (ft) |
| Filing 94 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/3/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) |
| Filing 93 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/3/2014 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2014. Redacted Transcript Deadline set for 4/17/2014. Release of Transcript Restriction set for 6/16/2014.(Rodriguez, Somari) |
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Filing 92
ORDER: Motions for summary judgement due by 5/9/2014. (Signed by Judge Lorna G. Schofield on 3/5/2014) (kgo)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Case Management Conference held on 3/3/2014. (See Order) (Court Reporter Vincent Bolgna) (jcs) |
| Filing 91 LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated February 26, 2014 re: in Response to Plaintiffs-Counterclaim Defendants February 21, 2014 Letter. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
| Filing 90 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 2/26/14 re: 2/21/14 pre-motion letter sent by Island One, Inc.. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 89 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 2/26/14 re: 2/21/14 pre-motion letter of defendant Douglas Teitelbaum. Document filed by Island Two LLC,.(Ewing, Bruce) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 4/7/14, 10:00AM at Mediator's NYC Office.(ms) |
| Filing 88 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 1/21/14 re: Pre-motion Conference in Connection with Plaintiffs' Planned Motion for Partial Summary Judgment. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 87 LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated February 21, 2014 re: Pre-Motion Letter for Anticipated Motion for Summary Judgment. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
| Filing 86 LETTER addressed to Judge Lorna G. Schofield from Jonathan Sack dated February 21, 2014 re: Pre-Motion Letter (Summary Judgment). Document filed by Douglas Teitelbaum.(Stern, Eric) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/26/2014.(cda) |
| MEDIATOR EXPERTISE REQUEST Mediator to be Assigned by 2/3/2014.(rpr) |
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Filing 85
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court- annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/3/2014. Mediator Expertise Request due by 1/27/2014. (Signed by Judge Lorna G. Schofield on 1/22/2014) (lmb)
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Filing 84
ORDER granting #83 Letter Motion to Adjourn Conference: APPLICATION GRANTED. The parties are hereby referred to mediation. The conference scheduled for January 29, 2014 is hereby adjourned to March 3, 2014 at 10:40 am. The deadline to file for summary judgment is extended to March 21, 2014. The deadline to file pre-motion letters is February 21, 2014. (Case Management Conference set for 3/3/2014 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 83 LETTER MOTION to Adjourn Conference Requesting that the Court Refer the Case to Mediation addressed to Judge Lorna G. Schofield from Jonathan Sack dated January 17, 2014. Document filed by Douglas Teitelbaum.(Stern, Eric) |
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Filing 82
ORDER granting #80 Letter Motion to Adjourn Conference: APPLICATION GRANTED. The conference scheduled for January 15, 2014 is hereby adjourned to January 29, 2014 at 10:50 am. The deadline to file pre-motion letters is January 22, 2014. The deadline to file for summary judgment is February 28, 2014. (Case Management Conference set for 1/29/2014 at 10:50 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 81 NOTICE OF APPEARANCE by C. Zachary Rosenberg on behalf of Island One,Inc.;. (Rosenberg, C.) |
| Filing 80 LETTER MOTION to Adjourn Conference Scheduled for January 15, 2014 and Providing the Court with a Joint Status Report addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated January 10, 2014. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
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Filing 79
ORDER: that privilege has been waived as to the communication referenced at the telephonic conference as the Baker Advice Memo; that privilege did not ever attach to any communications, including those between Mr. Teitelbaum and Mr. Sack, during the meeting at issue in New York where Mr. Stoudenmire was present, and as further set forth in this document. (Signed by Judge Lorna G. Schofield on 12/20/2013) (cd)
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Filing 78
ORDER: It is hereby ORDERED that privilege has been waived as to the communication referenced at the telephonic conference as the "Baker Advice Memo"; it is further ORDERED that privilege did not ever attach to any communications, including those between Mr. Teitelbaum and Mr. Sack, during the meeting at issue in New York where Mr. Stoudenmire was present; it is further ORDERED that privilege has been waived as to the email string that was attached to Plaintiffs' letter of December 16, 2013, and presented for in camera review; and it is further ORDERED that privilege has not been waived as to the email between Mr. Stoudenmire and his personal counsel, Ms. Downs, which was presented for in camera review. (Signed by Judge Lorna G. Schofield on 12/20/2013) (lmb)
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| Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/12/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) |
| Filing 76 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/12/2013 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2014. Redacted Transcript Deadline set for 1/24/2014. Release of Transcript Restriction set for 3/21/2014.(Rodriguez, Somari) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 12/12/2013. (See Order) (Court Reporter Mike McDaniels) (jcs) |
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Filing 75
ORDER: WHEREAS a telephonic conference was held on December 12, 2013 concerning discovery disputes; and WHEREAS the Defendants moved the Court to charge the jury regarding the deleted emails from Mr. Sozio's Gmail account; it is hereby ORDERED that the Defendants' motion is DENIED without prejudice to renewal by a motion in limine at the time of trial. (Signed by Judge Lorna G. Schofield on 12/12/2013) (lmb)
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| Filing 74 LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated 12/11/2013 re: Response to Island Two LLC's Letter Dated 12/6/2013 Re: Waiver of Privelege. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
| Filing 73 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 12/11/2013 re: Island One, Inc.'s request for pre-motion conference. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
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Filing 72
ORDER: WHEREAS the parties have agreed that responses to both letters will be filed with the Court on December 11, 2013; it is hereby ORDERED that the parties shall appear telephonically for a conference on December 12, 2013 at 11:00 a.m. to discuss the issues presented in both letters. When counsel are both on the phone, they shall call chambers at 212 805 0288., ( Telephone Conference set for 12/12/2013 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/9/2013) (lmb)
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| Filing 71 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 12/06/13 re: waiver of privilege. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
| Filing 70 LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated 12/6/13 re: Requesting Pre-Motion Conference Regarding the Spoliation of Evidence. Document filed by Island One,Inc.;.(Pergament, Benjamin) |
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Filing 69
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is one week. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Settlement discussions have taken place. The parties have conferred pursuant to Fed.R.Civ.P.26(f). The next joint status letter shall be submitted by January 10, 2014. Amended Pleadings due by 8/27/2013. Motions due by 2/7/2014. Deposition due by 11/22/2013. Fact Discovery due by 11/22/2013. Expert Discovery due by 1/8/2014. Case Management Conference set for 1/15/2014 at 10:45 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/19/2013) (js)
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| Filing 68 LETTER MOTION for Extension of Time to Complete Discovery With Proposed Revised Civil Case Management Plan and Scheduling Order addressed to Judge Lorna G. Schofield from Bruce Ewing dated 11/15/13. Document filed by Island Two LLC,, Scott Sozio.(Ewing, Bruce) |
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Filing 67
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is one week. The next joint status letter shall be submitted by November 25, 2013. ( Motions due by 2/7/2014., Deposition due by 11/22/2013., Fact Discovery due by 11/22/2013., Expert Discovery due by 1/8/2014.), Motions terminated: #66 CONSENT LETTER MOTION for Extension of Time to Complete Discovery With Proposed Revised Civil Case Management Plan and Scheduling Order addressed to Judge Lorna G. Schofield from Matthew J. Moody dated 10/15/2013 filed by Island One,Inc. (Signed by Judge Lorna G. Schofield on 10/16/2013) (lmb)
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| Filing 66 CONSENT LETTER MOTION for Extension of Time to Complete Discovery With Proposed Revised Civil Case Management Plan and Scheduling Order addressed to Judge Lorna G. Schofield from Matthew J. Moody dated 10/15/2013. Document filed by Island One,Inc.;.(Moody, Matthew) |
| Filing 65 ANSWER to #57 Amended Complaint,. Document filed by Douglas Teitelbaum.(Stern, Eric) |
| Filing 64 LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 10/1/2013 re: We write to the Court on behalf of Plaintiffs Island Two LLC and Scott Sozio to request that the Court enter an Order compelling defendant Douglas Teitelbaum to provide all nonprivileged documents responsive to plaintiffs' discovery requests, and a privilege log compliant with Fed. R. Civ. P. 26, by October 8th. Document filed by Island Two LLC,, Scott Sozio.(lmb) |
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Filing 63
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Bruce R. Ewing dated 10/1/2013 re: We write to the Court on behalf of Plaintiffs Island Two LLC and Scott Sozio to request that the Court enter an Order compelling defendant Douglas Teitelbaum to provide all nonprivileged documents responsive to plaintiffs' discovery requests, and a privilege log compliant with Fed. R. Civ. P. 26, by October 8th. ENDORSEMENT: APPLICATION GRANTED. Defendant Teitelbaum is ordered to produce all relevant documents by October 8, 2013. The parties shall file letter on ECF in compliance with revised Individual rule I.B.1 in future correspondence. (Signed by Judge Lorna G. Schofield on 10/2/2013) (lmb)
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Filing 62
OPINION AND ORDER re: #34 MOTION to Dismiss filed by Douglas Teitelbaum. For the foregoing reasons, Defendant Teitelbaum's motion to dismiss the claim against him for tortious interference is DENIED. Defendant Teitelbaum shall file his answer to the current operative complaint, the Fourth Amended Complaint, no later than two weeks from the date of this order. The Clerk of Court is directed to close the motion at docket number 34. (Signed by Judge Lorna G. Schofield on 9/26/2013) (lmb)
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| Filing 61 AMENDED ANSWER to #58 Amended Answer to Complaints, Counterclaim. Document filed by Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/15/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 59 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/15/2013 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/18/2013. Redacted Transcript Deadline set for 10/28/2013. Release of Transcript Restriction set for 12/26/2013.(McGuirk, Kelly) |
| Filing 58 AMENDED ANSWER to #57 Amended Complaint,., COUNTERCLAIM against Island Two LLC,, Scott Sozio. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 57 FOURTH AMENDED COMPLAINT amending #51 Amended Complaint against Island One,Inc., Douglas Teitelbaum. Document filed by Island Two LLC, Scott Sozio. Related document: #51 Amended Complaint filed by Island Two LLC. (rjm) (Additional attachment(s) added on 9/3/2013: #1 Exhibit, #2 Exhibit, #3 Exhibit) (sdi). |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Bruce Roy Millar Ewing for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #57 Amended Complaint to: caseopenings@nysd.uscourts.gov. (rjm) |
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Filing 56
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 8/14/2013) (lmb)
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| Filing 55 NOTICE OF APPEARANCE by Bruce Roy Millar Ewing on behalf of Island Two LLC,, Scott Sozio. (Ewing, Bruce) |
| Filing 54 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss.. Document filed by Douglas Teitelbaum. (Stern, Eric) |
| Filing 53 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Eric R. Stern dated 7/25/2013 re: We write to respectfully request a three (business) day extension of time to submit a reply memorandum of law to the pending motion to dismiss from July 25, 2013 to Tuesday, July 30, 2013. ENDORSEMENT: Application granted., ( Replies due by 7/30/2013.) (Signed by Judge Lorna G. Schofield on 7/25/2013) (lmb) |
| Filing 52 MEMORANDUM OF LAW in Opposition re: #34 MOTION to Dismiss.. Document filed by Island Two LLC,. (Primps, William) |
| Filing 50 ANSWER to #33 Counterclaim. Document filed by Island Two LLC,.(Primps, William) |
| Filing 49 SEALED DOCUMENT placed in vault.(nm) |
| Filing 51 THIRD AMENDED COMPLAINT amending #13 Second Amended Complaint against Island One,Inc.;, Douglas Teitelbaum.Document filed by Island Two LLC,. Related document: #13 Second Amended Complaint filed by Island Two LLC,.(cd) (sdi). |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney William G. Primps for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #51 Amended Complaint to: caseopenings@nysd.uscourts.gov. (cd) |
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Filing 48
SCHEDULING ORDER: For the reasons stated on the record, Plaintiff's Application for Expedited Discovery is DENIED. Plaintiff Island Two's answer to Defendant Island One's counterclaims shall be filed no later than 7/16/2013. Plaintiff's response to Defendant Douglas Teitelbaum's Motion to Dismiss shall be filed by 12:00 noon on 7/18/2013. The Clerk of Court is directed to terminate Defendant Homewood Capital LLC as a defendant in this action. (Responses due by 7/18/2013.) (Signed by Judge Lorna G. Schofield on 7/15/2013) (tro)
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| Set/Reset Deadlines: Island Two LLC, answer due 7/16/2013. (tro) |
| Filing 47 LETTER addressed to Judge Lorna G. Schofield from Eric R. Stern dated 7/15/2013 re: As the arguments and defenses to be cited by our client have already been covered by those filed in the Memorandum, rather than submit duplicative filings on the law, we, with the consent of Defendant Island One, join in their Opposition to the Motion for Expedited Discovery. Document filed by Douglas Teitelbaum.(lmb) |
| Filing 46 MEMORANDUM OF LAW in Support re: #43 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Island Two LLC,, Scott Sozio. (Attachments: #1 Affidavit Affidavit of Bill Primps, #2 Exhibit Exhibit 1 of Primps Affidavit, #3 Exhibit Exhibit 2 of Primps Affidavit, #4 Exhibit Exhibit 3 of Primps Affidavit, #5 Affidavit Affidavit of Scott Sozio, #6 Exhibit Exhibit 1 of Sozio Affidavit, #7 Exhibit Exhibit 2 of Sozio Affidavit, #8 Exhibit Exhibit 3 of Sozio Affidavit)(Primps, William) |
| Filing 45 MEMORANDUM OF LAW in Opposition re: #43 Order to Show Cause, Set Deadlines,,,,,,,, (Memorandum of Law in Opposition to Plaintiff's and Counterclaim Defendant's Motion for Expedited Discovery). Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney William G. Primps to RE-FILE Document #44 Brief. Use the event type Memorandum of Law in Support(non-motion) found under the event list Other Answers. (ka) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Show Cause Hearing held on 7/15/2013. (See Order) (Court Reporter Bridgette Lonbandozzi & Thomas Murray) (jcs) |
| Filing 44 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: #43 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Island Two LLC,. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Affidavit, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3)(Primps, William) Modified on 7/15/2013 (ka). |
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Filing 43
ORDER TO SHOW CAUSE: Defendants Island One, Inc. and Douglas Teitelbaum (collectively, "the defendants") shall show cause before this Court, at Courtroom 1106, Thurgood Marshall Courthouse, 40 Centre Street, New York, New York 10007, on July 15, 2013, at 2:15 p.m. why this court should not Order: 1. That good cause exists for Island Two and Mr. Sozio to be concerned that various transactions contemplated by the Transaction Agreement, dated as of July 1, 2013 attached to the Sozio Affidavit as Exhibit 1, may result in there being no funds available in defendant Island One for the satisfaction of judgment prayed for in this action as further set forth in this order. Defendants shall submit any papers in opposition to Plaintiff's motion for expedited discovery by July 15, 2013 at 12:00 p.m. Plaintiff shall file the papers in support of its motion immediately on ECF. ( Show Cause Hearing set for 7/15/2013 at 02:15 PM before Judge Lorna G. Schofield.), ( Responses due by 7/15/2013.) (Signed by Judge Lorna G. Schofield on 7/12/2013) (lmb)
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Filing 42
ORDER: ORDERED that neither party is entitled to attorneys' fees in connection with the request to file under seal. Plaintiff is directed to submit the Third Amended Complaint on ECF no later than July 12, 2013, with Exhibits B and C filed under seal., ( Amended Pleadings due by 7/12/2013.) (Signed by Judge Lorna G. Schofield on 7/10/2013) (lmb)
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| Filing 41 LETTER addressed to Judge Lorna G. Schofield from William G. Primps dated 7/8/2013 re: I write for the limited purposes of responding to Benjamin D. Pergament's July 8, 2013 letter, and joining in his request for clarification of Your Honor's July 2, 2013 letter endorsement. Document filed by Island Two LLC.(lmb) |
| Filing 40 LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated 7/8/2013 re: Due to a disagreement among counsel, I write to request clarification of your Order dated July 2, 2013 [Docket #38], which endorsed my letter to the Court dated July 1, 2013, and which granted the application. Document filed by Island One, Inc.(lmb) |
| Filing 39 LETTER addressed to Judge Lorna G. Schofield from William G. Primps dated 7/2/2013 re: I write on behalf of Island Two LLC ("Island Two") in response to Benjamin Pergament's letter of July 1, 2013. Document filed by Island Two LLC,.(lmb) |
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Filing 38
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Benjamin D. Pergament dated 7/1/2013 re: We are counsel to Defendant Island One, Inc. in the above-referenced matter, and I write in response to your Order, dated June 18, 2013, requesting letters outlining the position of any party seeking to maintain the exhibits to the Third Amended Complaint under seal. Island One maintains that Exhibits B and C should remain under seal because they are confidential agreements that are ancillary to the litigation before the Court and their public filing with the Complaint is not necessary for Plaintiff to state its claims. Despite Island One's good faith efforts to compromise on this issue, Plaintiff has both refused to provide a reason that these confidential agreements need to be filed with its Complaint and has refused to provide proposed redactions to these confidential documents to leave only the portions that Plaintiff asserts are necessary to state its claims. ENDORSEMENT: The application to file the exhibits appended to Plaintiff's Third Amended Complaint is granted. SO ORDERED. (Signed by Judge Lorna G. Schofield on 7/2/2013) (rsh)
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| Filing 37 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss. . Document filed by Douglas Teitelbaum. (Stern, Eric) |
| Filing 36 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss.. Document filed by Douglas Teitelbaum. (Stern, Eric) Modified on 7/2/2013 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Eric Robert Stern to RE-FILE Document #35 MOTION to Dismiss Memorandum of Law. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-File and link ONLY to document #34 Motion. (ldi) |
| Filing 35 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law. Document filed by Douglas Teitelbaum.(Stern, Eric) Modified on 7/2/2013 (ldi). |
| Filing 34 MOTION to Dismiss. Document filed by Douglas Teitelbaum.(Stern, Eric) |
| Filing 33 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against Island Two LLC,, Scott Sozio. Document filed by Island One,Inc.;. (Pergament, Benjamin) |
| Filing 32 RULE 26 DISCLOSURE.Document filed by Douglas Teitelbaum.(Stern, Eric) |
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Filing 31
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Settlement discussions have not taken place. The parties have conferred pursuant to Fed. R. Civ. P. 26(f). All counsel agree that alternative dispute resolution mechanisms are not yet appropriate. Amended Pleadings due by 8/27/2013. Joinder of Parties due by 9/12/2013. Motions due by 12/13/2013. Deposition due by 11/5/2013. Fact Discovery due by 11/5/2013. Expert Discovery due by 12/20/2013. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/19/2013) (rsh)
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Filing 30
ORDER: Accordingly, it is hereby ORDERED that any party with an interest in these documents being maintained under seal submit a letter to the Court by July 1, 2013, providing argument and a factual basis, if any, as to why the Court should permit Plaintiff to file the exhibits to the Third Amended Complaint under seal. If neither party submits such a letter or if the parties reach an agreement that these documents may be publicly filed, Plaintiff shall file a copy of its Third Amended Complaint and the exhibits thereto on the public record without further application to the Court. Plaintiffs Third Amended Complaint shall be deemed filed as of June 17, 2013. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/18/2013) (rsh)
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| Filing 29 LETTER addressed to Judge Lorna G. Schofield from William G. Primps dated 6/17/2013 re: Counsel for Island Two LLC writes to request that the exhibits to Island Two's Third Amended Complaint be filed under seal. Document filed by Island Two LLC,.(rsh) |
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Filing 28
ENDORSED LETTER addressed to Judge Lorna G. Schofield from William G. Primps dated 6/13/2013 re: Counsel for plaintiff requests an extra day to file our Third Amended Complaint with the Court, so that all of the procedures of the above-referenced Individual Rules and Procedures may be followed. ENDORSEMENT: Application granted. In accordance with the Court Individual Rule I.C.3, "provided the un-redacted papers are timely served on the party's adversary, the Court will deem papers filed on the date the party delivers them to Chambers for review of proposed redactions." SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/14/2013) (rsh)
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| Filing 27 NOTICE OF APPEARANCE by Eric Robert Stern on behalf of Homewood Capital LLC;, Douglas Teitelbaum (Stern, Eric) |
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Filing 26
ORDER: A conference having been held before the Court, it is hereby ORDERED that: Counsel for Island Two LLC and Douglas Teitelbaum shall exchange letters related to the proposed motion to dismiss by June 10, 2013. Any amended pleadings shall be filed by June 13, 2013. The parties shall submit a revised joint case management plan by June 17, 2013. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/7/2013) (rsh)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 6/5/2013. (See Order) (jcs) |
| Filing 25 NOTICE OF APPEARANCE by Daniel C Malone on behalf of Scott Sozio (Malone, Daniel) |
| Filing 24 NOTICE OF APPEARANCE by Matthew Joel Moody on behalf of Island One,Inc.; (Moody, Matthew) |
| Filing 23 NOTICE OF APPEARANCE by Jena Leigh Tiernan on behalf of Island Two LLC,, Scott Sozio (Tiernan, Jena) |
| Filing 22 NOTICE OF APPEARANCE by William G. Primps on behalf of Island Two LLC,, Scott Sozio (Primps, William) |
| Filing 21 Letter addressed to Judge Lorna G. Schofield from William G. Primps, Benjamin D. Pergament, and Jonathan Sack dated 6/3/2013 re: Consistent with Your Honors Order, entered April 29, 2013, the undersigned counsel submit a joint letter, providing you with information relating to the seven categories of information outlined in that Order. Document filed by Homewood Capital LLC;, Island One,Inc.;, Island Two LLC,, Douglas Teitelbaum.(rsh) |
| Filing 20 Letter addressed to Judge Lorna G. Schofield from William G. Primps dated 5/29/2013 re: Pursuant to Your Honors Individual Rules and Procedures, I write to explain Island Two LLC's (Island Two) basis for its belief that diversity citizenship exists in the above-captioned matter under 28 U.S.C. 1332. Document filed by Island Two LLC,.(rsh) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Homewood Capital LLC;, Douglas Teitelbaum.(Stern, Eric) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Island One,Inc.;. (Attachments: #1 Affidavit of Service)(Pergament, Benjamin) |
| Filing 17 ANSWER to #13 Amended Complaint with JURY DEMAND., THIRD PARTY COMPLAINT against Scott Sozio., COUNTERCLAIM against Island Two LLC,. Document filed by Island One,Inc.;. (Attachments: #1 Affidavit of Service)(Pergament, Benjamin) |
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Filing 16
ENDORSED LETTER addressed to Judge Lorna G. Schofield from William G. Primps and Benjamin D. Pergament dated 5/10/2013 re: The undersigned counsel for the parties stipulate to an extension of time for Island One, Inc. to answer, move or otherwise respond to the Second Amended Complaint in the above-captioned proceeding through and including May 21, 2013. The original deadline had been May 13, 2013. ENDORSEMENT: IT IS SO ORDERED. Island One,Inc.; answer due 5/21/2013. (Signed by Judge Lorna G. Schofield on 5/10/2013) (ft)
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| Filing 15 CERTIFICATE OF SERVICE of Courts Order dated 4/29/13, and the Courts Individual Rules served on (1) Homewood Capital LLC, (2) Douglas Teitelbaum, and (3) Island One, Inc. on 5/1/13. Service was made by mail. Document filed by Island Two LLC,. (Tiernan, Jena) |
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Filing 14
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference. Initial Conference set for 6/5/2013 at 03:30 PM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/29/2013) (ft)
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| Filing 12 NOTICE OF APPEARANCE by Benjamin David Pergament on behalf of Island One,Inc.; (Pergament, Benjamin) |
| Filing 13 SECOND AMENDED COMPLAINT amending 11 Amended Complaint against Homewood Capital LLC, Island One, Inc., Douglas Teitelbaum. Document filed by Island Two LLC. Related document: 11 Amended Complaint filed by Island Two LLC. (rjm) |
| Filing 10 SEALED DOCUMENT placed in vault.(nm) |
| Filing 9 ENDORSED LETTER addressed to Judge Lorna G. Schofield from William G. Primps dated 4/18/2013 re: Request to serve and file the Second Amended Complaint. ENDORSEMENT: Plaintiff shall file and serve its Second Amended Complaint with proper jurisdictional allegations. (Signed by Judge Lorna G. Schofield on 4/19/2013) (tro) |
| Filing 8 NOTICE OF CHANGE OF ADDRESS by Jena Leigh Tiernan on behalf of Island Two LLC,. New Address: Dorsey & Whitney, 51 West 52nd Street, New York, New York, USA 10019, 212-415-9200. (Tiernan, Jena) |
| Filing 7 NOTICE OF CHANGE OF ADDRESS by William G. Primps on behalf of Island Two LLC,. New Address: Dorsey & Whitney, 51 West 52nd Street, New York, New York, USA 10019, 212-415-9200. (Primps, William) |
| Filing 11 AMENDED COMPLAINT amending #1 Complaint against Homewood Capital LLC;, Island One,Inc.;, Douglas Teitelbaum.Document filed by Island Two LLC. Related document: #1 Complaint filed by Island Two LLC.(ft) |
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Filing 6
ORDER: Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity by April 17, 2013. If the amended complaint does not allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the case will be dismissed for lack of subject matter jurisdiction. Amended Pleadings due by 5/17/2013. (Signed by Judge Lorna G. Schofield on 4/10/2013) (ft)
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| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Island One,Inc.; served on 4/2/2013, answer due 4/23/2013. Service was accepted by Jason Brady, Esq.. Document filed by Island Two LLC,. (Tiernan, Jena) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint. Homewood Capital LLC; served on 4/1/2013, answer due 4/22/2013. Service was accepted by Jonathan Sack, Esq.. Document filed by Island Two LLC,. (Tiernan, Jena) |
| Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint. Douglas Teitelbaum served on 4/1/2013, answer due 4/22/2013. Service was accepted by Jonathan Sack, Esq.. Document filed by Island Two LLC,. (Tiernan, Jena) |
| Filing 2 SEALED DOCUMENT placed in vault.(mps) |
| Filing 1 COMPLAINT against Homewood Capital LLC;, Island One,Inc.;, Douglas Teitelbaum. (Filing Fee $ 350.00, Receipt Number 465401063796)Document filed by Island Two LLC,.(mn) (jd). |
| SUMMONS ISSUED as to Homewood Capital LLC;, Island One,Inc.;, Douglas Teitelbaum. (mn) |
| Case Designated ECF. (mn) |
| Magistrate Judge James L. Cott is so designated. (mn) |
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